A universal sense that like cases deserve like treatment gives precedent its moral force.
Evidence
The force of precedent in the law is heightened by an additional factor: that curious, almost universal sense of justice which urges that all men are properly to be treated alike in like circumstances. — G. Alan Tarr, Judicial Process and Judicial…, 2494
Categorization
- XREF: Directly links the foundational value of equality to the doctrinal machinery of stare decisis.
- DEEPTHINKING: Locates the psychological root of precedent in a fairness intuition rather than in institutional convenience.